Lyon v. Ize

268 N.E.2d 436 (1971)

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Nature of the Case

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Facts

P and her husband have been successful partners in the practice of medicine. They made a mistake and hired D as a laboratory technician. P filed a complaint that alleges that D 'thereafter began a steady course of conduct toward P's husband with the deliberate intent of alienating the affection of P's husband'; that in connection with their medical practice P and her husband maintained a complete telephone service; that in February 1969 after repeated calls from D at short intervals and unusual hours, P was obliged to discontinue her telephone service; and that in December 1969 and March 1970 D continued making such telephone calls. The complaint also alleges that as a result of D's conduct P and her husband have lived separate and apart since May 1968; that P and her husband intend to resume living together but that D's actions are designed to prevent such a reconciliation. P also alleges that because of the D's behavior, her business is interfered with in that she is unable to maintain adequate phone service, she is irritable and nervous and has lost the consortium, affection, society, and services of her husband. Based on P's verified complaint and D's motion to dismiss, the trial court, without hearing testimony, denied D's motion and ordered the issuance of the temporary injunction. D appealed.